Penal Code - Inchoate Offenses Flashcards
What is in inchoate offense?
Incomplete crime.
Criminal Attempt
More than mere preparation, but conduct falls short of the intended offense.
What is the penalty for a criminal intent?
The penalty is one category lower than the crime attempted.
What is conspiracy?
Intent between one or more persons to commit a felony, and an act in furtherance of the scheme.
What is the penalty for criminal conspiracy?
An offense is one penalty grade lower than the intended offense.
What is criminal solicitation?
Inducing, requesting or commanding another to commit an act constituting a capital or 1st degree felony. Have to have more evidence than the testimony of the person solicited.
What is penalty for criminal solicitation?
One degree lower than the crime.
What is criminal solicitation of a minor?
Offense to ask, request, induce, command a minor to engage in violent crimes or sex acts.
What is the punishment for criminal solicitation of a minor?
One category less for punishment than crime itself.
What is a minor?
Younger than 17.
What is the Renunciation Defense?
Affirmative defense that the actor completely and voluntarily renounced intent to commit a crime. If part of a conspiracy, the actor MUST take affirmative steps to stop the crime from being committed. Not voluntary if you withdraw because you’re likely to get caught or you postpone act or change victims.
What is an unlawful instrument?
Anything the possession, manufacture or sale of which is not otherwise an offense, that is specially designed, made or adapted for use in the commission of an offense.
What is penalty for having an unlawful instrument?
One lower than the crime itself.
What is a Mechanical Security Device?
Designed for use by a locksmith to perform services for a customer who seeks entry to a structure, motor vehicle or other property.
What is Unlawful use of a pen register/trace device?
Knowingly install/use a pen register/trace device.
